HomeMy WebLinkAboutCity Council Resolution 2019-091
C ITY OF P LYMOUTH
R ESOLUTION N O. 2019-091
R ESOLUTION A PPROVING V ARIANCES TO THE F RONT AND S IDE Y ARD S ETBACKS AND
O PTION FOR I NCREASED I MPERVIOUS S URFACE C OVERAGE TO A LLOW A N EW H OME FOR
P ROPERTY LOCATED AT 10221 S OUTH S HORE D RIVE (2018091)
WHEREAS, Danielle Usselman has requested approval of front and side yard setback variances
and option for an impervious surface coverage variance for a new home; and
WHEREAS, the subject property is legally described as:
That part of Tract D, lying North of a line drawn from a point in the West line of said Tract D distant
15 feet North of the Southwest corner thereof to a point in the East line of said Tract D distant 45 feet
North of the Southeast corner thereof, Registered Land Survey No. 61, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and does approve the request by Danielle Usselman for front and side yard
setback variances and option for an impervious surface coverage variance for a new home for property
located at 10221 South Shore Drive, subject to the following findings and conditions:
1. The requested variances are hereby approved to allow a front yard setback at 18.3 feet where 25
feet is required and a side yard setbacks at 5.1 feet where 10 feet is required, in accordance with
the application received by the city on December 18, 2018, and additional information on January
3, 2019, and February 15, 2019, except as may be amended by this resolution.
2. The requested variance is hereby approved to allow an impervious surface coverage of 38.3
percent where up to 25 percent is allowed, with associated staff-approved best management
practice (BMP) in accordance with the application received by the city on December 18, 2018, and
additional information on January 3, 2019, and February 15, 2019, except as may be amended by
this resolution.
3. The requested front and side yard setback and impervious surface coverage variances are
approved, based on the finding that all applicable variance standards would be met, as follows:
a) The requested variances for the new home are consistent with the residential uses listed for
this land use classification in the comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in complying with the
ordinance regulations, because:
Resolution 2019-091
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a. the request is reasonable and the property would be used in a reasonable manner;
b. the request is due to circumstances not created by the property owners as the width
and overall size of the lot limits the area for a new home and limits the amount of
allowable impervious surface coverage; and
c. the variance would not alter the essential character of the lot or neighborhood. A staff-
approved BMP would be required in order to offset any additional impervious surface.
c) The requested variances are not based upon economic considerations, but rather, are based
upon a desire to rebuild a home on the lot that is more useable for the owner.
d) The requested variances and resulting construction would not be detrimental to the public
welfare, nor would it be injurious to other land or improvements in the neighborhood. The
proposed home would have similar setbacks as the neighboring properties.
e) The requested variances and resulting construction would not impair an adequate supply of
light and air to adjacent properties, nor would it increase traffic congestion or the danger of
fire, endanger the public safety, or substantially diminish property values within the
neighborhood. The proposed home would increase the property value of this lot.
f) The variances requested are the minimum action required to address the practical difficulties.
The proposed home would meet or exceed all other zoning regulations.
4. An approved stormwater and erosion control plan from the Engineering Division is required prior to
construction of the home.
5. A building permit is required prior to construction of the home.
6. Prior to the issuance of a building permit, if the applicant increases the impervious surface
coverage, the applicant shall provide a staff-approved best management practice (BMP)
designed/sized to treat the added runoff that will result from the increased impervious surface (up
to 674 square feet).
7. To eliminate the impervious surface coverage variance, the lot must have no net increase in
impervious surface coverage (31.5 percent existing). Examples of acceptable pervious surfaces for
the driveway are: a) eliminating a portion of the driveway, b) a staff-approved pervious grid
driveway system; or c) converting a portion of the driveway nearest to the detached garage into a
staff-approved permeable paver system.
8. If the applicant chooses no net increase in impervious surface coverage, as detailed in condition
number seven, the increased impervious surface coverage allowance of 38.3 percent, or up to 674
square feet, shall be null and void after occupancy of the new home.
9. At framing inspection, the building inspector shall field verify that the northwest corner of the
home is at least 18.3 feet from the front property line and that the eastern side of the home is at
least 5.1 feet from the side property lines, based on located property irons.
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10. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance
provisions.
11. The variances shall expire one year after the date of approval, unless the property owner or
applicant has commenced the authorized improvement or use, or unless the applicant, with the
consent of the property owner, has received prior approval from the city to extend the expiration
date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance.
ADOPTED by the City Council on this 9th day of April, 2019.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
April 9, 2019 with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ____________day
of ____________________, _____.
____________________________________
City Clerk